Solar hibrid project: Defence to prove Rosmah made a scapegoat

Lawyer Datuk Akberdin Abdul Kader, representing Rosmah, when reading out his opening statement on the case in the High Court today, said the charges against his client were selective prosecution which was made in bad faith and with mala fide .

"It is because the individual responsible and the mastermind in the case, who solicited and received money as stated in the three charges was Rizal.

"The action of the prosecution to withdraw all charges against Rizal and then select him as the 21st prosecution witness, clearly shows that a deal has been made with Rizal... and Rizal as the crown witness had to give false evidence in court to trap and link my client to the three charges," he said.

Akberdin said this on the first day of Rosmah's defence proceedings for three corruption charges involving the hybrid solar worth RM1.25 billion for 369 rural schools in Sarawak.

Akberdin said if Rizal did not cooperate with the prosecution to accuse Rosmah with false evidence, then the prosecution would continue to prosecute Rizal with new charges.

On Feb 18, the High Court ordered Rosmah to enter her defence on the three corruption charges after finding that the prosecution had succeeded in proving a prima facie case against her.

Akberdin said Rosmah was also made a scapegoat by incompetent quarters in the government's administration then, especially the Education Ministry, and those who conspired with Jepak Holdings Sdn Bhd.

"My client had said that there were other parties who used her name for personal and political interests.

"Before Rosmah was charged, there was no report from any party, especially Jepak Holdings Sdn Bhd managing director Saidi Abang Samsudin and businessman Rayyan Radzwill Abdullah to the Malaysian Anti-Corruption Commission (MACC) that the accused accepted or solicited bribes," he said.

Akberdin said Rosmah also did not know Saidi or Rayyan personally and that her meeting with them was arranged by Rizal.

"Rosmah was never involved in soliciting the bribe of RM187.5 million, which is 15 percent of the contract value from Saidi, either personally or through Rizal. "

"She also had no knowledge that Rizal had asked for a bribe from Saidi of 10, 12 or 15 percent at Lygon Cafe, Sunway Putra Mall," he said, adding that Rosmah had never received a bribe of RM6.5 million from Saidi to help Jepak to secure the solar project through direct negotiations.

Akberdin said Rosmah was also not aware of the meeting with Saidi and Rayyan at her house in Langgak Duta on Sept 7, 2017 because she did not ask Rizal to arrange the meeting.

"The meeting lasted less than five minutes and Rosmah was in sports gear, and was breathing heavily after exercising. This showed that the meeting happened spontaneously, unplanned and sudden," he added.

Akberdin said his client would also deny the allegation that she had received two bags containing RM5 million at Seri Perdana on Dec 20, 2016.

"In fact, it is all Rizal's fabrication and agenda to frame my client to save himself," he added.

Rosmah, 69, was charged with soliciting RM187.5 million and two counts of receiving bribes of RM6.5 million from Saidi through Rizal.

It was an inducement to help the company (Jepak Holdings) to secure the Hybrid Photovoltaic Solar System Integrated Project and maintenance and operation of genset/diesel for 369 rural schools in Sarawak worth RM1.25 billion through direct negotiation from the Education Ministry.

The offence was allegedly committed at Lygon Cafe, Sunway Putra Mall, Jalan Putra, here; her residence at Jalan Langgak Duta, Taman Duta and at Seri Perdana, Persiaran Seri Perdana, Presint 10, Putrajaya, between January 2016 and September 2017.

The charges were framed under Section 6(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act and punishable under Section 24(1) of the same law, which provides an imprisonment for up to 20 years and fine of not less than fives times the amount of the bribe or RM10,000, whichever is higher, if found guilty.

Rosmah, who was clad in pink baju kurung with a matching shawl, arrived at the Kuala Lumpur Court Complex in Jalan Duta at 9.56 am with a few aides.